“Great…” you say, “but why just five years? Why not more?”
Exactly. Where HB 6 moves the bar from 20 to 25 years, Rep. Greta Johnson (D-Akron) and Rep. Teresa Fedor (D-Toledo) know a statute of limitations on rape should not exist at all. They will introduce legislation to remove the statute of limitations as well as redefine spousal rape.
In endorsing HB 6, the Cleveland Plain Dealer asked the same question of “Why five years?” They include an admission from HB 6 sponsor Rep. Sarah LaTourette that there’s less political backbone to support a complete elimination of a statute of limitations for rape:
LaTourette agreed. “But we realized if we edited our legislation to eliminate the statute of limitations, the bill would die. And that doesn’t help anybody.”
“Great…” you say, “but what was that about ‘spousal rape’?”
Ok, this is the part that makes us want to throw up the most: in Ohio, it’s legal to rape your wife as long as you drug her first.
Under the law, married women are denied equal protection from sexual assault. While we have yet to see actual bill language, it is likely that their bill will alter or remove section (A)(1) of the Ohio Revised Code on Rape:
(1) No person shall engage in sexual conduct with another who is not the spouse of the offender or who is the spouse of the offender but is living separate and apart from the offender, when any of the following applies:
(a) For the purpose of preventing resistance, the offender substantially impairs the other person’s judgment or control by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.
(b) The other person is less than thirteen years of age, whether or not the offender knows the age of the other person.
(c) The other person’s ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the other person’s ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age.
(2) No person shall engage in sexual conduct with another when the offender purposely compels the other person to submit by force or threat of force.
If you read section (A)(2) above, ask yourself “Shouldn’t that cover the part about drugging someone? Why would we exempt people who aren’t married?!?!”
There’s the problem, and the reason for action. Stay tuned.
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